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Approach of security personnel to customer complaint was a “customer relations” issue and not defamatory
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High Court dismisses appeal against Circuit Court order dismissing the plaintiff's claims against the defendant fast food chain for damages for defamation, trespass and breach of duty arising from an incident within the defendant's premises wherein the plaintiff made a complaint about the food provided to him and was later dealt with by the defendant's security personnel, on the grounds that what had occurred was more properly a 'customer relations' issue which was not compensatable by way of a claim for defamation.
Defamation - appeal against decision of Circuit Court dismissing claim - nature of pleadings in support of claim - plaintiff's evidence - complaint relating to food provided at defendant's restaurant premises and immediate aftermath - CCTV not viewed - evidence of security guard on duty - evidence of store manager - plaintiff's request to have appeal dealt with on basis of transcripts of Circuit Court hearing - whether evidence of defamatory conduct established - whether a breach of any legal duty established - consideration of parties' evidence - statutory definition of 'defamation' - onus of proof on plaintiff - profiling of plaintiff did not take place on premises - overly officious approach could not amount to defamation of character in the circumstances - customer relations issue - appeal dismissed.
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